2005 Nevada Revised Statutes - Chapter 636 — Optometry

CHAPTER 636 - OPTOMETRY

GENERAL PROVISIONS

NRS 636.010 Legislativedeclaration.

NRS 636.015 Definitions.

NRS 636.016 Advertisedefined.

NRS 636.017 Boarddefined.

NRS 636.018 Contactlens defined.

NRS 636.019 Diagnosticpharmaceutical agents defined.

NRS 636.021 Ophthalmiclens defined.

NRS 636.022 Prescriptiondefined.

NRS 636.023 Spectaclelens defined.

NRS 636.024 Therapeuticpharmaceutical agent defined.

NRS 636.025 Actsconstituting practice in optometry.

NEVADA STATE BOARD OF OPTOMETRY

NRS 636.030 Creation;membership.

NRS 636.035 Qualificationsof members; representative of general public not to participate in examination.

NRS 636.070 Termsof members.

NRS 636.075 Compensationof members and employees.

NRS 636.080 Electionand term of President; appointment and compensation of Executive Director.

NRS 636.085 ExecutiveDirector: Bond; duties.

NRS 636.090 Employees;counsel.

NRS 636.095 Regularand special meetings; quorum.

NRS 636.100 Offices;seal.

NRS 636.103 Fiscalyear.

NRS 636.105 Recordsand inventory.

NRS 636.107 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records.

NRS 636.110 Depositof money received by Board; delegation of authority to take disciplinaryaction; deposit of fines imposed by Board; claims for attorneys fees and costsof investigation.

NRS 636.120 Rosterof licensees: Preparation and distribution.

NRS 636.125 Rulesand regulations.

NRS 636.130 Powerof Board to grant or refuse licenses and discipline licensees.

NRS 636.135 Powerof Board to accredit schools of optometry.

NRS 636.141 Powerof Board to issue subpoenas; compelling obedience.

NRS 636.143 Fees.

EXAMINATIONS AND ADMISSION TO PRACTICE

NRS 636.145 Unlawfulpractice of optometry.

NRS 636.150 Requirementsfor obtaining license.

NRS 636.155 Proofof applicants qualifications.

NRS 636.157 Applicationto include social security number of applicant. [Repealed.]

NRS 636.159 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 636.159 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 636.160 Applicationfor examination.

NRS 636.170 Annualand special examinations: Time and place.

NRS 636.175 Equipmentrequired for examination.

NRS 636.180 Examination:Character and design; preparation and administration.

NRS 636.185 Scopeof examination.

NRS 636.190 Gradenecessary to pass examination.

NRS 636.195 Requestfor reexamination.

NRS 636.200 Scopeof reexamination.

NRS 636.215 Licenses:Execution and contents.

NRS 636.220 Licenses:Issuance.

EXTENDED CLINICAL FACILITIES FOR THE TREATMENT OF VISUALDISORDERS

NRS 636.227 Licensingby Board; application for license; notice to Board of changes regardingfacility.

ANNUAL RENEWAL OF LICENSES

NRS 636.250 Requirement.

NRS 636.255 Noticeto licensee to renew license.

NRS 636.260 Paymentof renewal fee; requirements for continuing education.

NRS 636.265 Renewalcard: Issuance, contents, display and execution.

NRS 636.270 Suspensionof license for failure to comply with requirements for renewal.

NRS 636.275 Restorationor revocation of license suspended for failure to comply with requirements forrenewal.

NRS 636.285 Penaltyfor failure to renew license.

CERTIFICATION TO ADMINISTER AND PRESCRIBE THERAPEUTICPHARMACEUTICAL AGENTS

NRS 636.286 Administrationor prescription of therapeutic pharmaceutical agent prohibited withoutcertificate.

NRS 636.287 Requirementsfor certification: Adoption of regulations.

NRS 636.288 Issuanceof certificates; Board to provide list of certified optometrists to State Boardof Pharmacy.

NRS 636.2882 Conditionsand limitations on prescribing certain therapeutic pharmaceutical agents.

CERTIFICATION TO TREAT GLAUCOMA

NRS 636.2891 Treatmentof glaucoma prohibited without certificate; duty to refer certain patients withglaucoma to ophthalmologist.

NRS 636.2893 Requirementsfor issuance of certificate: Adoption of regulations.

NRS 636.2895 Issuanceof certificates.

DISCIPLINARY ACTION

NRS 636.290 Authorityof Board.

NRS 636.295 Grounds.

NRS 636.300 Unethicalor unprofessional conduct: Improper association or use of prescription blanks.

NRS 636.301 Unethicalor unprofessional conduct: Division of fees; exceptions.

NRS 636.302 Unethicalor unprofessional conduct: Restrictions on advertising.

NRS 636.303 Unethicalor unprofessional conduct: Use of pharmaceutical agent for treatment; repeatedmalpractice.

NRS 636.304 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 636.305 Complaintagainst licensee: Persons authorized to make complaint; particularity ofcharges.

NRS 636.310 Form,signature, verification and filing of complaint.

NRS 636.315 Procedurefollowing filing of complaint.

NRS 636.320 Publichearing of formal charge; rights of licensee.

NRS 636.325 Decisionof Board; authorized disciplinary action; private reprimands prohibited; ordersimposing discipline deemed public records.

NRS 636.330 Applicationfor rehearing.

NRS 636.335 Rehearing:Notice to licensee; conduct; decision.

NRS 636.337 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals.

NRS 636.340 Restorationof revoked or suspended license. [Effective until the date 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 636.340 Restorationof revoked or suspended license. [Effective on the date 2 years after the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

RIGHTS, DUTIES AND PROTECTION OF LICENSEES

NRS 636.345 Licenseeauthorized to practice.

NRS 636.347 Permitrequired for professional association with health maintenance organization;regulations.

NRS 636.350 Certificateof registration required to practice under assumed or fictitious name;regulations.

NRS 636.355 Unauthorizeduse of license or renewal card.

NRS 636.360 Postingof license and renewal card.

NRS 636.365 Issuanceof duplicate license and renewal card.

NRS 636.370 Noticeto Board of location of practice.

NRS 636.372 Leasingof office from unlicensed person.

NRS 636.373 Associationsor other business relationships with physicians.

NRS 636.374 Collaborationwith ophthalmologist: Records; fixed fee; required documents.

NRS 636.375 Mannerof giving notices to licensees.

NRS 636.380 Rightto advertise.

NRS 636.382 Topicalophthalmic pharmaceutical agents: Certification authorizing use; regulations ofBoard; agents authorized for diagnostic use.

NRS 636.385 Useof and payment for optometric services by administrative agencies and publicschools.

NRS 636.387 Requirementsfor prescriptions for ophthalmic lenses; requirements for initial fitting ofcontact lenses.

APPLICABILITY OF CHAPTER

NRS 636.390 Chapterdoes not apply to licensed physicians and surgeons.

NRS 636.393 Chapterdoes not apply to certain students, clinicians or instructors.

NRS 636.395 Chapterdoes not prohibit certain sales.

ENFORCEMENT AND PENALTIES

NRS 636.405 Dutiesof peace officers and district attorneys.

NRS 636.407 Injunctiverelief available to Board.

NRS 636.410 Penaltiesfor violations.

NRS 636.420 Administrativefines.

_________

 

GENERAL PROVISIONS

NRS 636.010 Legislativedeclaration. The practice of optometry ishereby declared to be a learned profession, affecting public safety and welfareand charged with the public interest, and therefore subject to protection andregulation by the State.

[1:208:1955]

NRS 636.015 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS636.016 to 636.024, inclusive, havethe meanings ascribed to them in those sections.

[7:208:1955](NRS A 1979, 951; 1983, 731; 1985, 154,1918; 1993, 2864; 1995, 1033)

NRS 636.016 Advertisedefined. Advertise means the commercial useof any medium, including, but not limited to, the radio or television, or anewspaper, magazine, sign or other printed matter, by an optometrist to bringthe services or materials offered by the optometrist to the attention ofmembers of the general public.

(Added to NRS by 1993, 2864)

NRS 636.017 Boarddefined. Board means the Nevada State Boardof Optometry.

(Added to NRS by 1993, 2864)

NRS 636.018 Contactlens defined. Contact lens means anophthalmic lens prescribed for application on the anterior surface of the eye.

(Added to NRS by 1993, 2864)

NRS 636.019 Diagnosticpharmaceutical agents defined. Diagnosticpharmaceutical agents means topical ophthalmic anesthetics and topical cycloplegics,miotics and mydriatics.

(Added to NRS by 1993, 2864)

NRS 636.021 Ophthalmiclens defined. Ophthalmic lens means a refractiveor nonrefractive device for the correction or relief of or remedy for an abnormalcondition or inefficiency of the eye or visual process. The term includes aspectacle lens, a contact lens and a protective lens.

(Added to NRS by 1993, 2864)

NRS 636.022 Prescriptiondefined. Prescription means:

1. An order given individually for the person for whomprescribed, directly from a licensed optometrist who is certified to prescribeand administer therapeutic pharmaceutical agents pursuant to NRS 636.288, or his agent, to a pharmacistor indirectly by means of an order signed by the licensed optometrist or anelectronic transmission from the licensed optometrist to a pharmacist; or

2. A written direction from a licensed optometrist to:

(a) Prepare an ophthalmic lens for a patient; or

(b) Dispense a prepackaged contact lens that does notrequire any adjustment, modification or fitting.

(Added to NRS by 1993, 2864; A 1997, 1257; 1999, 1914)

NRS 636.023 Spectaclelens defined. Spectacle lens means an ophthalmiclens with refractive properties prescribed for application in front of, but nottouching, the eye.

(Added to NRS by 1993, 2864)

NRS 636.024 Therapeuticpharmaceutical agent defined. Therapeuticpharmaceutical agent means:

1. A topical medication;

2. An oral antibiotic;

3. An oral medication for allergies that does notcontain steroids; or

4. An analgesic of hydrocodone with compounds, codeinewith compounds or propoxyphene with compounds,

approved bythe Food and Drug Administration for the treatment of abnormalities of the eyeor its appendages.

(Added to NRS by 1995, 1032; A 1999, 1914)

NRS 636.025 Actsconstituting practice in optometry.

1. The actsset forth in this section, or any of them, whether done severally, collectivelyor in combination with other acts that are not set forth in this sectionconstitute practice in optometry within the purview of this chapter:

(a) Advertisementor representation as an optometrist.

(b) Adapting,or prescribing or dispensing, without prescription by a practitioner ofoptometry or medicine licensed in this State, any ophthalmic lens, frame ormounting, or any part thereof, for correction, relief or remedy of any abnormalcondition or insufficiency of the eye or any appendage or visual process. Theprovisions of this subsection do not prevent an optical mechanic from doing themere mechanical work of replacement or duplication of the ophthalmic lens orprevent a licensed dispensing optician from engaging in the practice ofophthalmic dispensing.

(c) Theexamination of the human eye and its appendages, the measurement of the powersor range of human vision, the determination of the accommodative and refractivestates of the eye or the scope of its function in general, or the diagnosis ordetermination of any visual, muscular, neurological, interpretative or anatomicanomalies or deficiencies of the eye or its appendages or visual processes.

(d) Prescribing,directing the use of or using any optical device in connection with ocularexercises, orthoptics or visual training.

(e) Theprescribing of contact lenses.

(f) Themeasurement, fitting or adaptation of contact lenses to the human eye exceptunder the direction and supervision of a physician, surgeon or optometristlicensed in the State of Nevada.

(g) The topicaluse of diagnostic pharmaceutical agents to determine any visual, muscular,neurological, interpretative or anatomic anomalies or deficiencies of the eyeor its appendages or visual processes.

(h) Prescribing,directing the use of or using a therapeutic pharmaceutical agent to treat anabnormality of the eye or its appendages.

(i) Removing aforeign object from the surface or epithelium of the eye.

(j) Theordering of laboratory tests to assist in the diagnosis of an abnormality ofthe eye or its appendages.

2. Theprovisions of this section do not authorize an optometrist to engage in anypractice which includes:

(a) Theincision or suturing of the eye or its appendages; or

(b) The use of lasers for surgical purposes.

[2:208:1955](NRS A 1961, 758; 1979, 952; 1995, 1033;1999, 1914)

NEVADA STATE BOARD OF OPTOMETRY

NRS 636.030 Creation;membership. The Nevada State Board of Optometry,consisting of four members appointed by the Governor, is hereby created.

[8:208:1955] + [9:208:1955](NRS A 1977, 1254)

NRS 636.035 Qualificationsof members; representative of general public not to participate in examination.

1. The Governor shall appoint:

(a) Three members who are licensed to practiceoptometry in the State of Nevada and are actually engaged in the practice ofoptometry.

(b) One member who is a representative of the generalpublic. This member must not be:

(1) Licensed to practice optometry; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a person licensed to practice optometry.

2. A person shall not be appointed if he:

(a) Is the owner or co-owner of, a stockholder in, or amember of the faculty or board of directors or trustees of, any school ofoptometry;

(b) Is financially interested, directly or indirectly,in the manufacture or wholesaling of optical supplies; or

(c) Has been convicted of a felony or a grossmisdemeanor involving moral turpitude.

3. The member who is a representative of the generalpublic shall not participate in preparing, conducting or grading anyexamination required by the Board.

[15:208:1955](NRS A 1977, 1254; 2003, 1194)

NRS 636.070 Termsof members. Unless his membership has become vacantprior to the expiration of his term, a member shall hold office for the term ofhis appointment and until his successor is appointed and qualified.

[17:208:1955]

NRS 636.075 Compensationof members and employees.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

3. Compensation and expenses of the members andemployees of the Board are payable out of the money derived from fees paid ortransmitted to the Board pursuant to the provisions of this chapter and no partthereof may be paid out of the State Treasury.

[18:208:1955](NRS A 1961, 759; 1963, 154; 1975, 304;1981, 1993; 1983, 232, 1537, 1545; 1989, 1700)

NRS 636.080 Electionand term of President; appointment and compensation of Executive Director.

1. Within a reasonable time after the appointment of anew member, the Board shall meet and organize by electing from its membership aPresident who shall hold office for 1 year and until the election andqualification of his successor.

2. The Board shall appoint an Executive Director whoserves at the pleasure of the Board and is entitled to receive compensation asset by the Board. The Executive Director must not be a member of the Board. Ifa vacancy occurs in the position of Executive Director, the Board may appointone of its members to perform the duties of the Executive Director until theposition is filled. A member of the Board who is appointed to perform theduties of the Executive Director is not entitled to receive any additionalcompensation for performing those duties.

[19:208:1955](NRS A 1993, 2865)

NRS 636.085 ExecutiveDirector: Bond; duties.

1. The Executive Director shall, before undertakinghis duties, make and deliver to the Governor a good and sufficient bond payableto the State of Nevada for the benefit of the Board, in the amount designated bythe Board, conditioned upon the faithful performance of his duties as ExecutiveDirector. The Executive Director shall file a copy of the bond with the Board.

2. The Executive Director shall receive, maintain anddisburse money on behalf of the Board and shall perform all duties imposed uponhim pursuant to the provisions of this chapter and such other duties as theBoard may prescribe.

[20:208:1955] + [21:208:1955](NRS A 1993, 2865)

NRS 636.090 Employees;counsel.

1. The Board may employ:

(a) Agents and inspectors to secure evidence of, andreport on, violations of this chapter.

(b) Attorneys, investigators and other professionalconsultants and clerical personnel necessary to administer this chapter.

2. The Attorney General may act as counsel for theBoard.

[23:208:1955] + [24:208:1955](NRS A 1963, 154)

NRS 636.095 Regularand special meetings; quorum.

1. The Board shall hold a regular meeting at leastonce each year.

2. The Board shall hold a special meeting upon a callof the president or upon a request by a majority of the members.

3. Three members of the Board constitute a quorum.

[28:208:1955](NRS A 1993, 2865)

NRS 636.100 Offices;seal. The Board may:

1. Establish and maintain offices in as manylocalities in the State as it deems necessary to carry out the provisions ofthis chapter, one of which must be located in the office of the ExecutiveDirector.

2. Adopt and use an official seal.

[31:208:1955] + [35:208:1955](NRS A 1961, 759; 1963,154; 1993, 2865)

NRS 636.103 Fiscalyear. The Board shall operate on the basis ofa fiscal year commencing on July 1 and terminating on June 30.

(Added to NRS by 1963, 154)

NRS 636.105 Recordsand inventory.

1. The Executive Director shall make and keep:

(a) A record of all meetings and proceedings of theBoard.

(b) A record of all prosecutions and violations of thischapter.

(c) A record of the results of all examinations ofapplicants.

(d) A register of all licensees.

(e) An inventory of all property of the Board and allproperty of the State in the Boards possession.

2. Except as otherwise provided in NRS 636.107, records of the Board are subjectto public inspection.

3. All records of the Board must be kept in the officeof the Board.

[32:208:1955](NRS A 1993, 2866; 2003, 3450)

NRS 636.107 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action deemed public records.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionare confidential.

2. The complaint or other document filed by the Boardto initiate disciplinary action and all documents and information considered bythe Board when determining whether to impose discipline are public records.

(Added to NRS by 2003, 3450)

NRS 636.110 Depositof money received by Board; delegation of authority to take disciplinaryaction; deposit of fines imposed by Board; claims for attorneys fees and costsof investigation.

1. Except as otherwise provided in subsection 3, allmoney coming into possession of the Board must be deposited by the ExecutiveDirector in a special fund to be expended for payment of compensation andexpenses of members of the Board and for other necessary or proper purposes inthe administration of this chapter. The Executive Director shall deposit themoney in banks, credit unions or savings and loan associations in this State.

2. The Board may delegate to a hearing officer orpanel its authority to take any disciplinary action pursuant to this chapter,impose and collect administrative fines and penalties therefor and forward themoney therefrom to the Executive Director for deposit in banks, credit unionsor savings and loan associations in this State.

3. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 2 and the Board deposits themoney collected from the imposition of administrative fines and penalties withthe State Treasurer for credit to the State General Fund, it may present aclaim to the State Board of Examiners for recommendation to the Interim FinanceCommittee if money is needed to pay attorneys fees or the costs of aninvestigation, or both.

[25:208:1955](NRS A 1963, 154; 1983, 1537; 1993,2866; 1999, 1533)

NRS 636.120 Rosterof licensees: Preparation and distribution. Onceeach year, the Board shall prepare and distribute to all licensees a rostercontaining their names and addresses.

[36:208:1955](NRS A 1993, 2866)

NRS 636.125 Rulesand regulations. The Board may adopt rules andregulations necessary to carry out the provisions of this chapter.

[34:208:1955](NRS A 1985, 155; 1993, 2866)

NRS 636.130 Powerof Board to grant or refuse licenses and discipline licensees. The Board may grant or refuse licenses after examinationand discipline licensees for any of the causes specified in this chapter.

[27:208:1955](NRS A 1983, 732; 1985, 155)

NRS 636.135 Powerof Board to accredit schools of optometry. TheBoard shall accredit schools in and out of this State teaching the science andart of optometry which it finds are giving a sufficient and thorough course ofstudy for the preparation of optometrists.

[22:208:1955]

NRS 636.141 Powerof Board to issue subpoenas; compelling obedience.

1. The Board shall have power to issue subpoenas tocompel the attendance of witnesses before it or the production of documents.

2. The district court shall, on application of theBoard, compel obedience to a subpoena issued by the Board by attachmentproceedings as for contempt.

(Added to NRS by 1973, 535)

NRS 636.143 Fees. The Board shall establish within the limits prescribed aschedule of fees for the following purposes:

 

Notless than Not more than

 

Examination........................................................................... $100 $500

Reexamination......................................................................... 100 500

Issuance of eachlicense or duplicate license..................... 35 75

Renewal of eachlicense or duplicate license..................... 100 500

Issuance of alicense for an extended clinical facility....... 100 500

Issuance of areplacement renewal card for a license........ 10 50

 

[87:208:1955](NRS A 1961, 759; 1967, 205; 1973, 536;1977, 613; 1983, 232, 733; 1993, 1192)

EXAMINATIONS AND ADMISSION TO PRACTICE

NRS 636.145 Unlawfulpractice of optometry. No person shall engagein the practice of optometry in this State unless:

1. He has obtained a license pursuant to theprovisions of this chapter; and

2. Except for the year in which such license wasissued, he holds a current renewal card for the license.

[37:208:1955](NRS A 1993, 2866)

NRS 636.150 Requirementsfor obtaining license. Any person applying fora license to practice optometry in this State must:

1. File proof of his qualifications;

2. Make application for an examination;

3. Take and pass the examination;

4. Pay the prescribed fees; and

5. Verify that all the information he has provided tothe Board or to any other entity pursuant to the provisions of this chapter istrue and correct.

[38:208:1955](NRS A 1993, 2867)

NRS 636.155 Proofof applicants qualifications. An applicantmust file with the Executive Director satisfactory proof that the applicant:

1. Is at least 21 years of age;

2. Is a citizen of the United States or is lawfullyentitled to reside and work in this country;

3. Is of good moral character;

4. Has been certified or recertified as completing acourse of cardiopulmonary resuscitation within the 12-month period immediatelypreceding the examination for licensure; and

5. Has graduated from a school of optometry accreditedby the established professional agency and the Board, maintaining a standard of6 college years, and including, as a prerequisite to admission to the coursesin optometry, at least 2 academic years of study in a college of arts andsciences accredited by the Association of American Universities or a similarregional accrediting agency.

[39:208:1955](NRS A 1969, 98; 1977, 1565; 1993,2867)

NRS 636.157 Applicationto include social security number of applicant. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

 

NRS 636.159 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Board. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license topractice optometry shall include the social security number of the applicant inthe application submitted to the Board.

(b) An applicant for the issuance or renewal of alicense to practice optometry shall submit to the Board the statementprescribed by the Division of Welfare and Supportive Services of the Departmentof Health and Human Services pursuant to NRS425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice optometry may not be issuedor renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2136; A 2005, 2735, 2807)

NRS 636.159 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license to practiceoptometry shall submit to the Board the statement prescribed by the Division ofWelfare and Supportive Services of the Department of Health and Human Servicespursuant to NRS 425.520. The statementmust be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice optometry may not be issuedor renewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2136; A 2005, 2735, 2736, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 636.160 Applicationfor examination. A written application for examinationmust be:

1. Made on a form furnished by the Board or thetesting agency that has been designated by the Board to conduct itsexaminations;

2. Mailed to the Executive Director or the testingagency;

3. Postmarked on or before the deadline established bythe Board or the testing agency; and

4. Accompanied by the required fee.

[40:208:1955](NRS A 1973, 536; 1993, 2867)

NRS 636.170 Annualand special examinations: Time and place. TheBoard shall:

1. Conduct a regular annual examination, and mayconduct a special examination when it deems that circumstances warrant suchexamination.

2. Fix and announce the time and place of anyexamination at least 30 days prior to the day when it is to be commenced.

[42:208:1955] + [43:208:1955]

NRS 636.175 Equipmentrequired for examination. An examinee shalltake to the room in which he is to be examined only the instruments orequipment that are required by the Board or the testing agency that has beendesignated by the Board to conduct its examinations.

[44:208:1955](NRS A 1993, 2868)

NRS 636.180 Examination:Character and design; preparation and administration. Anexamination must:

1. Be practical in character and design as determinedby the Board;

2. Test the fitness of the examinee to practiceoptometry;

3. Be prepared and administered by the Board or atesting agency that has been designated by the Board to conduct itsexaminations; and

4. Be conducted in the English language.

[45:208:1955](NRS A 1993, 2868)

NRS 636.185 Scopeof examination.

1. An examination, other than one conducted solely forreexamination of an examinee who has failed in a previous examination, mustinclude testing in the following areas:

(a) General anatomy.

(b) General physiology.

(c) Ocular anatomy.

(d) Ocular physiology.

(e) Ocular pathology.

(f ) Geometricoptics.

(g) Physiological optics.

(h) Theoretical optometry.

(i) Practical optometry.

(j ) Retinoscopyand ophthalmic instruments.

(k) Ophthalmoscopy and biomicroscopy.

(l) Neurology, visual fields and perimetry.

(m) Vision therapy.

(n) Clinical optometry.

(o) Contact lenses.

(p) Pharmacology.

(q ) Statutes andregulations governing the practice of optometry.

(r) Such other areas as the Board may prescribe.

2. An examination must also provide for an evaluationof the examinees knowledge of the following areas:

(a) Basic science.

(b) Clinical science.

(c) Care and management of patients.

[46:208:1955](NRS A 1993, 2868)

NRS 636.190 Gradenecessary to pass examination. A grade of 75or higher for each area tested on the examination is required to pass anexamination.

[47:208:1955](NRS A 1993, 2869)

NRS 636.195 Requestfor reexamination. An examinee who did not receivethe grade required to pass an examination may submit a written request forreexamination to the Board or to the testing agency designated by the Board toconduct its examinations. Such a request must be:

1. Mailed to the Executive Director or the testingagency;

2. Postmarked on or before the deadline established bythe Board or testing agency; and

3. Accompanied by the required fee.

[48:208:1955](NRS A 1993, 2869)

NRS 636.200 Scopeof reexamination. An examinee whose requestfor reexamination has been granted may, at the discretion of the Board or thetesting agency designated by the Board to conduct its examinations, be requiredto retake:

1. The entire examination; or

2. Only the section or sections of the examination onwhich he did not receive the grade required to pass.

[49:208:1955](NRS A 1993, 2869)

NRS 636.215 Licenses:Execution and contents. The Board shallexecute a license for each person who has satisfied the requirements of NRS 636.150 and submitted all informationrequired to complete an application for a license. A license must:

1. Certify that the licensee has been examined andfound qualified to practice optometry in this State; and

2. Be signed by each member of the Board.

[52:208:1955](NRS A 1983, 732; 1993, 2869; 1997,2137; 2005, 2737,2807)

NRS 636.220 Licenses:Issuance. The license must be issued anddelivered by the Executive Director to the licensee upon payment to theExecutive Director of the prescribed fee.

[53:208:1955](NRS A 1993, 2869)

EXTENDED CLINICAL FACILITIES FOR THE TREATMENT OF VISUALDISORDERS

NRS 636.227 Licensingby Board; application for license; notice to Board of changes regardingfacility.

1. The Board may grant a license to an accreditedschool or college of optometry to establish an extended clinical facility forthe treatment of visual disorders and shall adopt reasonable regulations andestablish procedures for such purpose. If a license is granted, it is effectivefor only 1 year unless renewed by the Board.

2. An accredited school or college of optometry whichdesires to establish an extended clinical facility for the treatment of visualdisorders in this State must apply to the Board for a license, and theapplication must contain the following information:

(a) The name and address of the proposed facility;

(b) The date when the school or college desires tocommence operation of the facility;

(c) A brief description of the facility and of theequipment which will be available for use there;

(d) The kinds of optometric services to be rendered;and

(e) The name and address of each instructor orclinician to be employed at the facility, his academic qualifications and anylicenses which entitle him to practice optometry in this or any other state.

3. Every school or college of optometry which operatesa licensed facility in this State shall notify the Board if the school orcollege changes its instructors or clinicians, the location of the facility orthe content of a clinical program.

4. Nothing in this section authorizes a licensedoptometrist to engage in any acts which are beyond the scope of his licenseissued in accordance with the provisions of this chapter.

5. For the purposes of this section, extendedclinical facility for the treatment of visual disorders means a clinicalfacility which renders optometric services and is operated by an accreditedschool or college of optometry, but which is located beyond the boundaries ofthe principal campus of the school or college.

(Added to NRS by 1977, 613; A 1993, 2869)

ANNUAL RENEWAL OF LICENSES

NRS 636.250 Requirement. A license issued under this chapter or any former law mustbe renewed pursuant to the provisions of NRS636.250 to 636.285, inclusive,before March 1 of each year.

[55:208:1955](NRS A 1993, 2870)

NRS 636.255 Noticeto licensee to renew license. The ExecutiveDirector shall mail a notice of renewal to each licensee before February 1 ofeach year. The failure of the Executive Director to notify a licensee does notexcuse the licensee from the requirements of NRS636.250.

[56:208:1955](NRS A 1993, 2870)

NRS 636.260 Paymentof renewal fee; requirements for continuing education.

1. Before March 1 of each year, each licensee shallpay a renewal fee to the Executive Director in the amount specified in NRS 636.143. For the purposes of thissubsection, the date of the postmark on any payment received by mail shall bedeemed to be the date of receipt by the Executive Director.

2. The renewal fee must be accompanied by satisfactoryevidence that the licensee has, within the immediately preceding 12-monthperiod, completed the required number of hours in a course or courses ofcontinuing education that have been approved by the Board. This evidence mustbe indicated on the form for proof of completion of continuing education thatis furnished by the Board. The Board shall not require a licensee to completemore than 24 hours of continuing education during each year. The Board maywaive the requirement that a licensee complete all or part of the requirednumber of hours of continuing education upon good cause shown by the licensee.

3. A licensee who is certified to administer andprescribe therapeutic pharmaceutical agents pursuant to NRS 636.288 must, at the time he pays therenewal fee, present evidence satisfactory to the Executive Director that,during the 12 months immediately preceding the payment of the renewal fee, hecompleted an educational or postgraduate program approved by the Board. TheBoard shall establish the number of hours for completion of the program whichmust be not less than 30 hours nor more than 50 hours.

[57:208:1955](NRS A 1973, 720; 1993, 2870; 1995,1034)

NRS 636.265 Renewalcard: Issuance, contents, display and execution. Uponpayment of the renewal fee, submission of evidence of completion of the requirednumber of hours of continuing education and submission of all informationrequired to complete the renewal, the Executive Director shall execute andissue a renewal card for the license to the licensee, certifying that hislicense has been renewed for a 12-month period beginning March 1 of each year.The renewal card must indicate the address of the place of the licenseespractice for which the card is issued and be displayed prominently at thatlocation. The renewal card must be signed by the Executive Director and sealedwith the seal of the Board.

[58:208:1955](NRS A 1993, 2871; 1997, 2137; 2005, 2737, 2807)

NRS 636.270 Suspensionof license for failure to comply with requirements for renewal. If a licensee fails to comply with the provisions of NRS 636.260 on or before the prescribeddate, his license must be suspended effective March 1, and must remainsuspended until it is restored in the manner specified in NRS 636.275.

[59:208:1955](NRS A 1975, 1302; 1993, 2871)

NRS 636.275 Restorationor revocation of license suspended for failure to comply with requirements forrenewal.

1. A license which has been suspended forfailure of the licensee to pay the annual renewal fee or to submit allinformation required to complete the renewal may be restored at any time duringthe calendar year upon the licensee:

(a) Paying the annual fee;

(b) Paying the Executive Director a nonrenewal penaltyin the amount prescribed by NRS 636.285;and

(c) Submitting all required information.

2. A license which has been suspended for failure ofthe licensee to submit evidence of completion of the required number of hoursof continuing education may be restored upon the licensee completing thecontinuing education, if such completion occurs during the calendar year inwhich the suspension has occurred.

3. Any license suspended pursuant to the provisions ofNRS 636.270 must be revoked at the endof the calendar year during which it was suspended unless the license isrestored pursuant to subsection 1 or 2.

[60:208:1955](NRS A 1975, 1302; 1993, 2871; 1997,2138; 2005, 2737,2807)

NRS 636.285 Penaltyfor failure to renew license. The Board shallestablish a penalty for failure to renew a license of not less than $100 andnot more than $500.

[88:208:1955](NRS A 1973, 536; 1983, 233; 1993,1193)

CERTIFICATION TO ADMINISTER AND PRESCRIBE THERAPEUTICPHARMACEUTICAL AGENTS

NRS 636.286 Administrationor prescription of therapeutic pharmaceutical agent prohibited withoutcertificate. An optometrist shall notadminister or prescribe a therapeutic pharmaceutical agent unless he has obtaineda certificate pursuant to NRS 636.288.

(Added to NRS by 1995, 1032)

NRS 636.287 Requirementsfor certification: Adoption of regulations. TheBoard shall adopt regulations which prescribe the requirements forcertification to administer and prescribe therapeutic pharmaceutical agentspursuant to NRS 636.288. Therequirements must include:

1. A license to practice optometry in this State;

2. The successful completion of the Treatment andManagement of Ocular Disease Examination administered by the National Board ofExaminers in Optometry on or after January 1, 1993, or an equivalentexamination approved by the Board; and

3. The successful completion of not fewer than 40hours of clinical training in administering and prescribing therapeuticpharmaceutical agents in a training program which is conducted by anophthalmologist and approved by the Board.

(Added to NRS by 1995, 1032)

NRS 636.288 Issuanceof certificates; Board to provide list of certified optometrists to State Boardof Pharmacy. The Board shall provide to:

1. Each optometrist who has complied with therequirements adopted by the Board pursuant to NRS636.287, a certificate to administer and prescribe therapeuticpharmaceutical agents.

2. The State Board of Pharmacy the name of eachoptometrist it certifies pursuant to this section.

(Added to NRS by 1995, 1033)

NRS 636.2882 Conditionsand limitations on prescribing certain therapeutic pharmaceutical agents. An optometrist who is certified to administer and prescribea therapeutic pharmaceutical agent pursuant to NRS 636.288 shall not prescribe ananalgesic of hydrocodone with compounds, codeine with compounds or propoxyphenewith compounds unless he:

1. Has completed an optometric examination of thepatient for whom the therapeutic pharmaceutical agent is prescribed;

2. Prescribes the therapeutic pharmaceutical agent inan amount that will not last more than 72 hours; and

3. Sets forth in the prescription for the therapeuticpharmaceutical agent that the prescription may not be refilled.

(Added to NRS by 1999, 1913)

CERTIFICATION TO TREAT GLAUCOMA

NRS 636.2891 Treatmentof glaucoma prohibited without certificate; duty to refer certain patients withglaucoma to ophthalmologist.

1. An optometrist shall not treat a person diagnosedwith glaucoma unless he has been issued a certificate by the Board pursuant to NRS 636.2895.

2. An optometrist who has been issued a certificate totreat persons diagnosed with glaucoma pursuant to NRS 636.2895 shall refer a patientdiagnosed with glaucoma to an ophthalmologist for treatment if any one of thefollowing is applicable:

(a) The patient is under 16 years of age.

(b) The patient has been diagnosed with malignantglaucoma or neovascular glaucoma.

(c) The patient has been diagnosed with acute closedangle glaucoma. The provisions of this paragraph do not prohibit theoptometrist from administering appropriate emergency treatment to the patient.

(d) The patients glaucoma is caused by diabetes, and,after joint consultation with a physician who is treating the diabetes and anophthalmologist, the physician or ophthalmologist determines that the patientshould be treated by an ophthalmologist. If an optometrist determines that apatients glaucoma is caused by diabetes, he shall consult with a physician andophthalmologist in the manner provided in this paragraph.

(Added to NRS by 1999, 1913)

NRS 636.2893 Requirementsfor issuance of certificate: Adoption of regulations. TheBoard shall adopt regulations that prescribe the requirements for the issuanceof a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895. The requirements mustinclude, without limitation:

1. A license to practice optometry in this State;

2. The successful completion of the Treatment andManagement of Ocular Disease Examination administered by the National Board ofExaminers in Optometry on or after January 1, 1993, or an equivalentexamination approved by the Board; and

3. Proof that each optometrist who applies for acertificate has treated at least 15 persons who were:

(a) Diagnosed with glaucoma by an ophthalmologistlicensed in this State; and

(b) Treated by the optometrist, in consultation withthat ophthalmologist, for at least 12 consecutive months.

(Added to NRS by 1999, 1914; A 2003, 511)

NRS 636.2895 Issuanceof certificates. The Board shall issue acertificate to treat persons diagnosed with glaucoma to each optometrist whohas complied with the requirements prescribed by the Board pursuant to NRS 636.2893.

(Added to NRS by 1999, 1914)

DISCIPLINARY ACTION

NRS 636.290 Authorityof Board. Any person licensed pursuant to theprovisions of this chapter or engaged in the unlawful practice of optometrywithout a license may be disciplined by the Board for cause in the mannerspecified in this chapter.

[66:208:1955](NRS A 1985, 155; 1993, 2871)

NRS 636.295 Grounds. The following acts, conduct, omissions, or mental orphysical conditions, or any of them, committed, engaged in, omitted, or beingsuffered by a licensee, constitute sufficient cause for disciplinary action:

1. Affliction of the licensee with any communicabledisease likely to be communicated to other persons.

2. Commission by the licensee of a felony relating tothe practice of optometry or a gross misdemeanor involving moral turpitude ofwhich he has been convicted and from which he has been sentenced by a finaljudgment of a federal or state court in this or any other state, the judgmentnot having been reversed or vacated by a competent appellate court and theoffense not having been pardoned by executive authority.

3. Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

4. Commission of fraud by or on behalf of the licenseein obtaining his license or a renewal thereof, or in practicing optometrythereunder.

5. Habitual drunkenness or addiction to any controlledsubstance.

6. Gross incompetency.

7. Affliction with any mental or physical disorder ordisturbance seriously impairing his competency as an optometrist.

8. Making false or misleading representations, by oron behalf of the licensee, with respect to optometric materials or services.

9. Practice by the licensee, or attempting or offeringso to do, while he is in an intoxicated condition.

10. Perpetration of unethical or unprofessionalconduct in the practice of optometry.

11. Any violation of the provisions of this chapter orany regulations adopted pursuant thereto.

[67:208:1955](NRS A 1971, 2038; 1985, 155; 1987, 1564;1993, 790, 2871; 2003,2711)

NRS 636.300 Unethicalor unprofessional conduct: Improper association or use of prescription blanks. The following acts, among others, constitute unethical orunprofessional conduct:

1. Association as an optometrist with any person, firmor corporation violating this chapter.

2. Accepting employment, directly or indirectly, froma person not licensed to practice optometry in this State to assist him in suchpractice or enabling him to engage therein, except as authorized in NRS 636.347.

3. Signing the prescription blanks of anotheroptometrist or allowing another optometrist to use his prescription blanks.

4. Except as otherwise provided in NRS 636.372 and 636.373, practicing in or on premises whereany materials other than those necessary to render optometric examinations orservices are dispensed to the public, or where a business is being conductednot exclusively devoted to optometry or other healing arts and materials ormerchandise are displayed having no relation to the practice of optometry orother healing arts.

[68:208:1955](NRS A 1961, 760; 1973, 536; 1979, 952;1981, 595; 1985, 1919; 1993, 2872; 1995, 2564)

NRS 636.301 Unethicalor unprofessional conduct: Division of fees; exceptions. The following acts, among others, constitute unethical orunprofessional conduct:

1. Division of fees with another optometrist or ahealth maintenance organization, except where the division is made inproportion to the services performed for the patient and the responsibilityassumed by each.

2. Division of fees or any understanding orarrangement with any person who is not an optometrist or a health maintenanceorganization, unless in accordance with NRS636.374.

(Added to NRS by 1985, 1917; A 2001, 1001)

NRS 636.302 Unethicalor unprofessional conduct: Restrictions on advertising. The following acts, among others, constitute unethical orunprofessional conduct:

1. Making a house-to-house canvass, either in personor by another person, for advertising, selling or soliciting the sale ofeyeglasses, frames, lenses, mountings, or optometric examinations or services.

2. Circulating or publishing, directly or indirectly,any false, fraudulent or misleading statement as to optometric materials orservices, his method of practice or skill, or the method of practice or skillof any other licensee.

3. Advertising in any manner that will tend todeceive, defraud or mislead the public.

4. Advertising, directly or indirectly, freeoptometric examinations or services.

(Added to NRS by 1985, 1917; A 1993, 2872)

NRS 636.303 Unethicalor unprofessional conduct: Use of pharmaceutical agent for treatment; repeatedmalpractice. The following acts, among others,constitute unethical or unprofessional conduct:

1. Using any pharmaceutical agent for the purpose oftreatment which the licensee is authorized to use only for the purpose ofdiagnosis.

2. Repeated malpractice, which may be evidenced byclaims of malpractice settled against a practitioner.

(Added to NRS by 1985, 1918)

NRS 636.304 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense to practice optometry, the Board shall deem the license issued to thatperson to be suspended at the end of the 30th day after the date on which thecourt order was issued unless the Board receives a letter issued to the holderof the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license to practiceoptometry that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2137; A 2005, 2807)

NRS 636.305 Complaintagainst licensee: Persons authorized to make complaint; particularity ofcharges. A complaint may be made against alicensee by:

1. An agent or inspector employed by the Board;

2. Any other licensee; or

3. Any aggrieved person,

charging oneor more of the causes for disciplinary action with such particularity as toenable the defendant licensee to prepare a defense.

[69:208:1955](NRS A 1985, 156)

NRS 636.310 Form,signature, verification and filing of complaint. Acomplaint must be made in writing and signed and verified by the person makingit. The original complaint and two copies must be filed with the ExecutiveDirector.

[70:208:1955](NRS A 1993, 2873)

NRS 636.315 Procedurefollowing filing of complaint.

1. As soon as practicable after the filing of acomplaint, the Board shall notify the licensee against whom the complaint isfiled and fix a date for its review of the complaint. If the Board receives areport pursuant to subsection 5 of NRS228.420, a hearing must be held within 30 days after receiving the report.The licensee must be allowed a reasonable amount of time to respond to theallegations of the complaint. The Executive Director shall notify the licenseeof the time, date and place fixed for the Boards review of the complaint.

2. After reviewing the complaint, the Board shalldismiss the complaint or file a formal charge against the licensee. If a formalcharge is filed, the Executive Director shall prepare the charge in accordancewith the Boards regulations and send a copy to the licensee. The licensee mustbe allowed a reasonable amount of time to file a response to the charge.

3. Within a reasonable time after the ExecutiveDirector sends a copy of the charge to the licensee, the Board shall fix thetime, date and place for a hearing and the Executive Director shall notify thelicensee thereof.

[71:208:1955](NRS A 1993, 791, 2873)

NRS 636.320 Publichearing of formal charge; rights of licensee. Thehearing of a formal charge must be conducted publicly by the Board. Thelicensee against whom the charge is filed must be accorded the right to appearin person and by legal counsel, and given adequate opportunity to confront thewitnesses against him, to testify and introduce the testimony of witnesses inhis behalf, and to submit argument and brief in person or by his counsel.

[72:208:1955](NRS A 1993, 2873)

NRS 636.325 Decisionof Board; authorized disciplinary action; private reprimands prohibited; ordersimposing discipline deemed public records.

1. Upon conclusion of the hearing, or waiver thereofby the licensee against whom the charge is filed, the Board shall make andannounce its decision. If the Board determines that the allegations included inthe charge are true, it may take any one or more of the following actions:

(a) Publicly reprimand the licensee;

(b) Place the licensee on probation for a specified orunspecified period;

(c) Suspend the licensee from practice for a specifiedor unspecified period;

(d) Revoke the licensees license; or

(e) Impose an administrative fine pursuant to theprovisions of NRS 636.420.

The Boardmay, in connection with a reprimand, probation or suspension, impose such otherterms or conditions as it deems necessary.

2. If the Board determines that the allegationsincluded in the charge are false or do not warrant disciplinary action, it shalldismiss the charge.

3. The Board shall not privately reprimand a licensee.

4. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

[73:208:1955](NRS A 1985, 156; 1993, 2873; 2003, 3450)

NRS 636.330 Applicationfor rehearing. If the Board makes a decisionwhich is adverse to the licensee, he may apply for a rehearing within 10 daysafter the Board announces its decision. The Board shall grant or deny theapplication within a reasonable time thereafter.

[74:208:1955](NRS A 1985, 156; 1993, 2874)

NRS 636.335 Rehearing:Notice to licensee; conduct; decision. If theBoard grants a rehearing, the Executive Director shall, as soon as isreasonably possible, notify the licensee of the time, date and place of therehearing. The rehearing must be conducted in the same manner as the formerhearing. Upon conclusion of the rehearing, or as soon as is reasonablypossible, the Board shall make and announce its decision.

[75:208:1955](NRS A 1993, 2874)

NRS 636.337 Disciplinaryaction by hearing officer or panel: Procedural requirements; powers and dutiesof officer or panel; appeals.

1. Any disciplinary action taken by a hearing officeror panel pursuant to NRS 636.110 issubject to the same procedural requirements which apply to disciplinary actionstaken by the Board, and the officer or panel has those powers and duties givento the Board in relation thereto.

2. A decision of the hearing officer or panel relatingto the imposition of an administrative fine or penalty is a final decision in acontested case. Any party aggrieved by a decision of the officer or panel torevoke or suspend a license may appeal that decision to the Board.

(Added to NRS by 1983, 1536)

NRS 636.340 Restorationof revoked or suspended license. [Effective until the date 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.] Unless a license is suspendedpursuant to NRS 425.540, on or after theexpiration of 6 months following the revocation or suspension of a license, anapplication may be made for the restoration of the license and the Board may,in the exercise of reasonable discretion, restore the license absolutely orupon specified conditions.

[76:208:1955](NRS A 1997, 2138; 2005, 2807)

NRS 636.340 Restoration of revoked or suspendedlicense. [Effective on the date 2 years after the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.] On or after the expiration of 6 months following the revocationor suspension of a license, an application may be made for the restoration ofthe license and the Board may, in the exercise of reasonable discretion,restore the license absolutely or upon specified conditions.

[76:208:1955](NRS A 1997, 2138; 2005, 2807,effective on the date 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.)

RIGHTS, DUTIES AND PROTECTION OF LICENSEES

NRS 636.345 Licenseeauthorized to practice. A licensee shall beauthorized and entitled to practice optometry in this State subject to theprovisions of this chapter.

[77:208:1955]

NRS 636.347 Permitrequired for professional association with health maintenance organization;regulations.

1. No licensee may be employed by or contract with ahealth maintenance organization to provide services therefor unless he hasobtained a permit to do so from the Board.

2. Written application for a permit must be made on aform prescribed by the Board. The Board shall adopt reasonable regulationsprescribing the procedure for obtaining a permit pursuant to this section.

3. For the purposes of this section, healthmaintenance organization has the meaning ascribed to it in NRS 695C.030.

(Added to NRS by 1985, 1918)

NRS 636.350 Certificateof registration required to practice under assumed or fictitious name;regulations.

1. An optometrist shall not practice optometry underan assumed or fictitious name unless he has been issued a certificate ofregistration by the Board to practice optometry under an assumed or fictitiousname.

2. An optometrist who applies for a certificate ofregistration to practice optometry under an assumed or fictitious name mustsubmit to the Board an application on a form provided by the Board.

3. Each optometrist who is issued a certificate ofregistration pursuant to this section shall:

(a) Comply with the provisions of chapter 602 of NRS; and

(b) Display or cause to be displayed near the entranceof his business his full name and the words or letters that designate him as anoptometrist.

4. The Board shall adopt regulations that prescribethe requirements for the issuance of a certificate of registration to practiceoptometry under an assumed or fictitious name.

5. As used in this section, assumed or fictitiousname means a name that is not the real name of each person who owns aninterest in a business.

[82:208:1955](NRS A 1999, 1915)

NRS 636.355 Unauthorizeduse of license or renewal card. A licenseeshall not be entitled to lend, sell, or otherwise dispose or permit theunauthorized use of his license or current renewal card.

[78:208:1955]

NRS 636.360 Postingof license and renewal card. Each holder of anoptometry license, or an optometry license and renewal card, shall post the licenseor both the license and renewal card in a prominent place at the location forwhich it was issued.

[80:208:1955](NRS A 1993, 2874)

NRS 636.365 Issuanceof duplicate license and renewal card. TheBoard or the Executive Director may issue a duplicate license and renewal cardif a licensee maintains more than one place of practice.

[26:208:1955](NRS A 1993, 2874)

NRS 636.370 Noticeto Board of location of practice.

1. A person who has been issued his initial license topractice optometry in this State or who is re-establishing a practice in thisState shall, before commencing the practice, notify the Executive Director, inwriting, of the location or locations where he intends to practice.

2. A licensee shall notify the Executive Director inwriting before changing the location of his practice.

[79:208:1955](NRS A 1993, 2874)

NRS 636.372 Leasingof office from unlicensed person.

1. An optometrist may enter into an agreement with aperson who is not licensed pursuant to the provisions of this chapter for theleasing of a building or a part thereof for use in his practice. The lease maycontain a provision which requires that the rent must be based on a percentageof the revenue earned by the optometrist in his practice if the total amount ofrent paid for the building or part thereof does not exceed its fair rentalvalue, including any furniture, fixtures or equipment therein.

2. An optometrist who enters into such a lease with aphysician may locate his office in the same place of business as the physicianwithout a physical separation between the office and the place of business.

3. The Board may adopt regulations prescribing therequirements for such leases. The regulations must ensure the quality ofoptometric care and the practice of optometry without restricting competitionor the commercial practice of optometry.

(Added to NRS by 1993, 2864; A 1995, 2565)

NRS 636.373 Associationsor other business relationships with physicians.

1. An optometrist may form an association or otherbusiness relationship with a physician to provide their respective services topatients.

2. If such an association or business relationship isformed, the optometrist may:

(a) Locate his office in the same place of business asthe physician without a physical separation between the office and the place ofbusiness.

(b) Authorize the physician to have access to anymedical records in the possession of the optometrist relating to a patient whois being treated by both the optometrist and the physician.

(c) Advertise and promote the services provided by theassociation or business consistent with the restrictions on advertising setforth in NRS 636.302.

3. This section does not authorize an optometrist toemploy or be employed by a physician.

(Added to NRS by 1995, 2564)

NRS 636.374 Collaborationwith ophthalmologist: Records; fixed fee; required documents. An optometrist may, based upon the individual needs of aparticular patient, collaborate with an ophthalmologist for the provision ofcare to the patient, for a fixed fee, regarding one or more surgical proceduresif:

1. The collaborating parties prepare and maintain intheir respective medical records regarding the patient, written documentationof each procedure and other service performed by each collaborating party whichincludes the date each procedure and other service is performed;

2. The fixed fee is divided between the collaboratingparties in proportion to the services personally performed by each of them; and

3. The collaborating parties provide to the patientand maintain in their respective medical records regarding the patient, awritten document, signed by each of the collaborating parties and the patient,containing:

(a) The name, business address and telephone number ofeach of the collaborating parties;

(b) The amount of the fixed fee for the procedures andservices;

(c) The proportion of that fee to be received by eachcollaborating party;

(d) A statement, signed by the patient and a witnesswho is not one of the collaborating parties, that the patient voluntarily,knowingly and willingly desires the performance of the postoperative care bythe collaborating optometrist;

(e) A statement that the patient is entitled to returnto the collaborating ophthalmologist for postoperative care at any time afterthe surgery; and

(f) A statement which:

(1) Indicates that the practice of optometry andophthalmology are respectively regulated by the Nevada State Board of Optometryand the Board of Medical Examiners; and

(2) Contains the address and telephone number ofeach of those Boards.

(Added to NRS by 2001, 1000)

NRS 636.375 Mannerof giving notices to licensees. Any noticerequired to be given by the Board or the Executive Director to a licensee maybe transmitted by ordinary first-class, certified or registered mail, postageprepaid, addressed to the licensee at the location listed by the ExecutiveDirector for that licensee.

[29:208:1955](NRS A 1969, 95; 1993, 2875)

NRS 636.380 Rightto advertise. A licensee shall be entitledfairly, ethically and truthfully to advertise the practice of optometry.

[81:208:1955]

NRS 636.382 Topicalophthalmic pharmaceutical agents: Certification authorizing use; regulations ofBoard; agents authorized for diagnostic use.

1. No licensed optometrist may administer topicalophthalmic pharmaceutical agents unless he has received certification from theBoard authorizing him to do so.

2. The Board shall adopt regulations prescribing thediagnostic uses to which the agents enumerated in subsection 3 may be put, themanner in which such agents may be used, and the qualifications and requirementsfor such certification which must include:

(a) A valid license to practice optometry in thisState;

(b) Satisfactory completion of a curriculum approved bythe Board, which must include general and ocular pharmacology, at aninstitution approved by the Board and accredited by a regional or professionalaccrediting organization and recognized or approved by the Council onPost-Secondary Accreditation, the Northwest Accreditation Association or theUnited States Department of Education; and

(c) Successful completion of an appropriate examinationapproved and administered by the Board.

3. The following topical ophthalmic pharmaceuticalagents may be used for diagnostic purposes by an optometrist who has beenauthorized by the Board to do so:

(a) Mydriatics;

(b) Cycloplegics;

(c) Topical anesthetics; and

(d) Miotics.

(Added to NRS by 1979, 950; A 1983, 150; 1993, 2875)

NRS 636.385 Useof and payment for optometric services by administrative agencies and publicschools.

1. No state, county or municipal agency, board,commission or institution, including public schools, in the performance of itsduties, shall in any way show any discrimination between ocular practitioners.

2. All such agencies, boards, commissions andinstitutions, including public schools, shall honor ocular reports or otherprofessional services and pay for services performed by legally qualified andlicensed optometrists in the same manner as they honor reports and pay forservices performed by other professions in the State of Nevada.

[6:208:1955]

NRS 636.387 Requirementsfor prescriptions for ophthalmic lenses; requirements for initial fitting ofcontact lenses.

1. The form for any prescription which is issued foran ophthalmic lens by an optometrist in this State must contain lines or boxesin substantially the following form:

 

Approved for contact lenses........................................................... ____________

Not approved for contact lenses..................................................... ____________

 

2. The prescribing optometrist shall mark or check oneof the lines or boxes required by subsection 1 each time such a prescription isissued by him.

3. If the prescription is for a contact lens, the formmust set forth the expiration date of the prescription, the number of refillsapproved for the patient and such other information as is necessary for theprescription to be filled properly.

4. The initial fitting of a contact lens must beperformed by an ophthalmologist or optometrist licensed in this State.

5. As used in this section, initial fitting meansmeasuring the health, integrity and refractive error of the eye to determinewhether contacts may be approved pursuant to subsection 1.

(Added to NRS by 1987, 1698; A 1997, 1257; 2003, 512)

APPLICABILITY OF CHAPTER

NRS 636.390 Chapterdoes not apply to licensed physicians and surgeons. Thischapter shall not be construed to apply to physicians and surgeons dulylicensed to practice in this State.

[Part 83:208:1955]

NRS 636.393 Chapterdoes not apply to certain students, clinicians or instructors.

1. Except as provided in subsection 2, a person isexempt from the provisions of this chapter regulating the practice of optometryif he is engaged in a clinical program of a school or college of optometryaccredited by the Board and if the person is:

(a) A student who is enrolled in a clinical program ofan undergraduate or graduate course of study in optometry at such a school orcollege; or

(b) Licensed to practice optometry in another state andis employed as a clinician or instructor at such a school or college.

2. A person who is employed as a clinician orinstructor and who engages in the practice of optometry in this State isrequired to be licensed by the Board.

(Added to NRS by 1977, 612)

NRS 636.395 Chapterdoes not prohibit certain sales. Theprovisions of this chapter shall not prohibit:

1. The sale of goggles, sunglasses, colored glasses oroccupational eye-protective devices if they do not have refractive values; or

2. The sale of complete ready-to-wear eyeglasses asmerchandise by any person not holding himself out as competent to examine, testor prescribe for the human eye or its refractive errors.

[Part 83:208:1955]

ENFORCEMENT AND PENALTIES

NRS 636.405 Dutiesof peace officers and district attorneys.

1. Constables, police officers and sheriffs shallreport violations of this chapter to the Executive Director, and shall renderassistance to the Board or any officer thereof if called upon so to do.

2. District attorneys shall prosecute violations ofthis chapter.

[84:208:1955] + [85:208:1955](NRS A 1993, 2876)

NRS 636.407 Injunctiverelief available to Board. The Board may causeappropriate legal action to be taken in the district court of any county tosecure an injunction or order restraining the unauthorized practice ofoptometry.

(Added to NRS by 1961, 758)

NRS 636.410 Penaltiesfor violations. A violation of this chaptershall constitute a gross misdemeanor and shall be punishable as such.

[86:208:1955]

NRS 636.420 Administrativefines. Any person licensed under this chapterwho violates any provision of this chapter or any regulation of the Boardrelating to the practice of optometry is liable to the Board for anadministrative fine of not less than $100 or more than $5,000.

(Added to NRS by 1973, 536; A 1983, 233; 1985, 23,156; 1993, 1193)

 

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